Shafiq @ Nada S/O Shri Rafiq @ Soni vs State Of Rajasthan
2021 Latest Caselaw 5699 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     D.B. Criminal Misc. Suspension of Sentence Application
                          No. 21/2021

                                       IN

               D.B. Criminal Appeal No. 148/2019

Shafiq @ Nada S/o Shri Rafiq @ Soni Aged About 20 Years, R/o
Noorani Masjid Ke Samne Silavat Mohalla Thana Dargah Ajmer
                                                                   ----applicant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Applicant(s)          :     Mr. Satis Kumar
For Respondent(s)         :     Mr. Javed Chaudhary, Addl G.A.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

21/10/2021

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the applicant that the

applicant was not put to test identification parade by the

independent witnesses. It is also contended that the applicant has

remained in custody for a period of about five years.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence. It is contended that P.W. 1 happens to be

brother of the deceased who is the eye witness and who has taken

the deceased to the hospital. It is also contended that P.W. 1 has

specifically stated that the applicant has hit the deceased with a

glass on the neck.

(2 of 2) [SOSA-21/2021]

4. We have considered the contentions.

5. As per the statement of the P.W. 1, case against the

applicant is well established and considering the contentions of

counsel for the State, we are not inclined to entertain the

application for suspension of sentence.

6. Accordingly, the application for suspension of sentence is

dismissed.

(MADAN GOPAL VYAS),J (PANKAJ BHANDARI),J

NIKHIL KR. YADAV /6

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